Judge seats grand jury to hear case against Perry

Updated 3:47 pm, Monday, April 14, 2014

Photo: Chip Somodevilla, Getty Images

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Texas Governor Rick Perry speaks during the second day of the Conservative Political Action Conference at the Gaylord International Hotel and Conference Center March 7, 2014 in National Harbor, Maryland.

Texas Governor Rick Perry speaks during the second day of the Conservative Political Action Conference at the Gaylord International Hotel and Conference Center March 7, 2014 in National Harbor, Maryland.

Photo: Chip Somodevilla, Getty Images

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Rick Perry is pictured in this file photo.

Rick Perry is pictured in this file photo.

Photo: Susan Walsh, STF

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Rosemary Lehmberg had an open bottle of vodka on her front seat when she was stopped. She later pleaded guilty in the drunken-driving arrest and was sentenced to 45 days in the Travis County Jail. She was released after 22 days for good behavior. less

Rosemary Lehmberg had an open bottle of vodka on her front seat when she was stopped. She later pleaded guilty in the drunken-driving arrest and was sentenced to 45 days in the Travis County Jail. She was ... more

Photo: HOPD

Judge seats grand jury to hear case against Perry

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AUSTIN – A judge on Monday seated a grand jury to look into the threat that Gov. Rick Perry carried out to veto funding for the Public Integrity Unit under Travis County District Attorney Rosemary Lehmberg.

Perry last year said he would veto money for the unit, which prosecutes wrongdoing by public officials, unless Lehmberg resigned in the wake of a drunken-driving arrest.

Lehmberg was caught on video after her April 2013 arrest behaving in a belligerent fashion. She later pleaded guilty and was sentenced to 45 days in the Travis County Jail. She was released after 22 days for good behavior.

Texans for Public Justice, which tracks money in politics, filed a complaint with prosecutors over Perry's threat, contending that he violated laws against coercion of a public service, abuse of official capacity, official oppression and, potentially, bribery.

Perry's state office has hired a lawyer, David Botsford, to "ensure the special prosecutor receives the facts in this matter," said Perry spokeswoman Lucy Nashed.

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"The facts will show this veto was made in accordance with the veto power afforded to every governor under the Texas Constitution. As we have from the beginning, we remain ready and willing to assist with this inquiry," Nashed said.

Botsford was in the courtroom Monday. He was first in the jury box, then moved to the court reporter's seat as Senior Judge Bert Richardson, of San Antonio, prepared to seat the grand jury.

A grand jury previously was seated in the case last year, but its term expired.

The special prosecutor in the case, San Antonio lawyer Mike McCrum, told the Express-News earlier this month that the case was proceeding steadily. He said then that he was "concerned about different aspects of how all this happened, and that includes the governor's actions."

McCrum said then, however, that he did not know at that point whether there was criminal wrongdoing on Perry's part.